Allowed

Nagendra Sethupathi v. The Inspector General of Registration

Madras HC19 Oct 2024WP(MD)/6403/2024

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a General Power of Attorney on the ground of doubtful title. Court held that since the document was executed to initiate legal action, proof of title was not required. Impugned refusal order was quashed.

What did the court decide?

Quashing of impugned Refusal Check Slip; direction to register the General Power of Attorney deed within one week.

Nagendra Sethupathi Vs The Inspector General of Registration — Land Acquisition | Madras HC (2024)

¶1

W.P.(MD)No.6403 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 19.10.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶6

W.P.(MD)No.6403 of 2024

Nagendra Sethupathi

... Petitioner

Vs.

1.The Inspector General of Registration, O/o. the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate,

¶11

Chennai - 28.

¶12

2.The District Registrar, O/o. the District Registrar, Registration Department, Sivagangai, Sivagangai District.

¶13

3.The Sub Registrar, Paramakudi Sub Registrar Office, Registration Department, Paramakudi, Ramanathapuram District.

¶14

.... Respondents

¶15

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip in RFL/Paramakudi/Book 2/1

¶16

1/6

¶17

https://www.mhc.tn.gov.in/judis

¶18

W.P.(MD)No.6403 of 2024

¶19

dated 12.03.2024 passed by the respondent No.3 and quash the same as illegal, consequently directing the respondent No.3 to register the General Power of Attorney Deed dated 08.03.2024 presented by the petitioner.

¶20

For Petitioner : Mr.P.Prabakaran For Respondents : Mr.C.Satheesh, Govt. Advocate

¶21

O R D E R

¶22

This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip in RFL/Paramakudi/Book 2/1 dated 12.03.2024 passed by the respondent No.3 and quash the same as illegal and for a consequential direction, to direct the respondent No.3 to register the General Power of Attorney Deed dated 08.03.2024 presented by the petitioner.

¶23

2. It is the grievance of the petitioner that when the petitioner presented a

¶24

deed of general power of attorney for registration, the same was refused to be registered on the ground that there is a doubt in respect of the title of the property. Challenging the same, the petitioner has filed this Writ petition.

¶25

2/6

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P.(MD)No.6403 of 2024

¶28

3 . It is the case of the petitioner that the subject property was originally purchased by one Muthurakku Natchiyar and she has executed a registered Will in favour of her daughter Pappammal. After her demise, the legal heirs of Pappammal were executed a General Power of Attorney deed in favour of their brother viz., one Ramachandran. In the meantime, some third parties have crated a forged document and obtained patta in respect of the subject property. Therefore, a power of attorney deed has been executed in favour of the petitioner by all the co-owners mainly for the purposes of filing cases to retrieve the properties. When the said power of attorney deed was presented for the registration, the same was refused to be registered on the ground that there is a doubt in respect of the title of the subject property. Hence, the petitioner has filed this Writ Petition.

¶29

4 . Considering the facts and circumstances of the case, this Court is of the view that the deed of power of attorney has been executed in favour of the petitioner only for initiating legal action in respect of the subject property. In such view of the matter, the question of proving the title does not arise at all. Hence, the impugned order is liable to be quashed.

¶30

3/6

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P.(MD)No.6403 of 2024

¶33

5. Accordingly, this Writ Petition is allowed and the impugned refusal

¶34

check slip issued by the 3^rd respondent dated 12.03.2024 is quashed. The third respondent is directed to register the general power of attorney deed dated 08.03.2024, presented by the petitioner, within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs.

¶35

19.10.2024

¶36

NCC : Yes/No Index : Yes/No vsm

¶37

4/6

¶38

https://www.mhc.tn.gov.in/judis

¶39

W.P.(MD)No.6403 of 2024

¶40

¶41

1.The Inspector General of Registration, O/o. the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate,

¶42

Chennai - 28.

¶43

2.The District Registrar, O/o. the District Registrar, Registration Department, Sivagangai, Sivagangai District.

¶44

3.The Sub Registrar, Paramakudi Sub Registrar Office, Registration Department, Paramakudi, Ramanathapuram District.

¶45

5/6

¶46

https://www.mhc.tn.gov.in/judis

¶47

W.P.(MD)No.6403 of 2024

¶48

N.SATHISH KUMAR, J.

¶49

vsm

¶50

W.P.(MD)No.6403 of 2024

¶51

19.10.2024

¶52

https://www.mhc.tn.gov.in/judis

¶53

6/6

Nagendra Sethupathi v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Nagendra Sethupathi v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R.Jothikrishnan Vs The District Collector

Narayani Vs The District Registrar

Kalloorani Kshathriya Nadargal Uravinmurai Vs The District Registrar (Societies Registration)

M/s.Dorsa General Trading Private Limited Vs Union of India

Rasu.P Vs The Executive Engineer

Ramkumar .P Vs The District Collector / Chairman